• NMS directed to decommission Dandora dumpsite and relocate it within six months of the date of the judgment, the court ordered on Thursday.
• Two citizens had sued NMS, Nema, CS for Environment and county governments of Nairobi, Machakos, Kiambu, Kilifi, Makueni and Tana River.
The Dandora dumpsite and mountains of noxious smoking filth must be relocated by February next year, a court has ruled.
The Nairobi and Athi rivers must urgently be cleaned up, the court said.
Environment and Land Court Judge Kossy Bor on Thursday directed Nairobi Metropolitan Services to close the dumpsite and rehabilitate it within six months.
The judgment is likely to be appealed because of the short time frame and efforts to build a plant there to turn the waste into fuel.
Isaiah Odando and Wilson Yatta sued on behalf of the Ufanisi Centre in Korogocho. They complained the Dandora dumpsite is filled with smoke from burning plastic waste that releases toxic and carcinogenic gases into the atmosphere
They had sued NMS, Nema, the Environment CS and the county governments of Nairobi, Machakos, Kiambu, Kilifi, Makueni and Tana River.
The petitioners accused NMS and Nema of violating their rights and also sought orders to stop pollution of the Nairobi and Athi rivers.
“The Nairobi Metropolitan Services is directed to take steps to decommission the Dandora dumpsite and relocate it to another site within six months of the date of this judgment,” the court ordered.
NMS has also been directed to take all practical steps to ensure the waste in the dumpsite is managed in a way to protect human health and the environment against adverse effects of the waste.
“The NMS must ensure there is no burning of plastic or other waste in the Dandora dumpsite,” the court directed.
The court further ordered it to formulate methods of management and safe disposal of waste from Nairobi in accordance with the Environmental Management and Management and Coordination (Waste Management) regulations of 2006.
The state was also directed to develop a plan and strategy for the cleaning up of the Nairobi and Athi rivers.
The court called for an urgent clean-up of the Nairobi River from the source up to the estuary at Sabaki River in Malindi until the whole river is clean and free of pollution.
The respondents are to file reports in court every four months showing the water quality of samples taken from a minimum of 12 different points along the river's course.
“Within 30 days, the respondent shall identify material and processes which are dangerous to the environment and health, more especially in Korogocho, Mukuru and the Dandora dumpsite,” the judge ordered.
The court further directed Nema to create public awareness and enhance environmental education on pollution of the Nairobi and Athi rivers.
It directed Nema to develop and disseminate guidelines to prevent pollution and degradation of the rivers.
Justice Bor awarded the two petitioners Sh10,000 each as compensation for the harm caused by the dumpsite. They were awarded court costs.
(Edited by V. Graham)